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Homeland Security to Collect Social Media Data on All Immigrants Including Naturalized US Citizens

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Invasion of Privacy?

A new rule due to be implemented on October 18 by the Department of Homeland Security which allows DHS to collect complete social media information on all immigrants has privacy and civil libertarian advocacy groups alarmed. The rule goes beyond would-be visitors to the U.S. and would also apply to those who have already obtained a green card or gone through the naturalization process.

The rule also directly impacts U.S. citizens who communicate with immigrants on social media by making their conversations the subject of government surveillance according to Adam Schwartz, an attorney with the Electronic Frontier Foundation. Speaking with a journalist from Buzzfeed Monday, Schwartz said, “We see this as part of a larger process of high tech surveillance of immigrants and more and more people being subjected to social media screening. There’s a growing trend at the Department of Homeland Security to be snooping on the social media of immigrants and foreigners and we think it’s an invasion of privacy and deters freedom of speech.”

One immigrant rights advocate who declined to be identified labeled the new rule as “one more step on the way to the slippery slope by the U.S. government in abrogating its constitutional mandate to uphold the rights and civil liberties of Americans.”  Calling it an unprecedented move, the advocate told NCRM, “Blanket social media screening of permanent residents and naturalized citizens is a clear invasion of privacy and violates peoples’ freedom of speech and expression. This rule suggests an attempt to both limit immigration and silence political dissent among those who strongly disagree with Trump’s policies, particularly his singling out those of the Muslim faith.”

A report issued last February by DHS’s own inspector general found that all of the DHS pilot programs for using social media to screen immigration applicants “lack criteria for measuring performance to ensure they meet their objectives.”

“Although the pilots include some objectives, such as determining the effectiveness of an automated search tool and assessing data collection and dissemination procedures, it is not clear DHS is measuring and evaluating the pilots’ results to determine how well they are performing against set criteria,” the report reads.

This past May the administration had implemented a new questionnaire for use by the State Department’s Bureau of Consular Affairs requiring all visa applicants to disclose social media handles for the past five years, as well as biographical information going back 15 years.

Faiza Patel, co-director of the Brennan Center’s liberty and national security program, said this is yet another fad, started by the Obama administration, fueled by the belief that social media is going to help the U.S. stop an attack in the country.

“It’s very difficult to successfully use social media to determine what people are going or not going to do,” Patel told BuzzFeed News. “When you look at all the different ways in which we use communication tools, and social media is pretty different, very truncated. People use emojis, they use short form, sometimes it’s difficult to know what something means.”

The rule is slated to go into effect after the public comment period has ended.

Reporting by Brody Levesque for NCRM, Buzzfeed News, and Reuters

Brody Levesque is the Chief Political Correspondent for The New Civil Rights Movement.
You may contact Brody at Brody.Levesque@thenewcivilrightsmovement.com

Image by Animated Heaven via Flickr and a CC license

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Pence Ordered to Comply With Subpoena, Testify Before Special Counsel’s Grand Jury

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March 28, 2023

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Mike Pence, the ex-vice president, must testify before Dept. of Justice special counsel Jack Smith’s grand jury investigating the January 6, 2021 insurrection, a federal judge has ruled, rejecting his claims of executive privilege.

The judge is requiring Pence to answer questions about his conversations with Donald Trump leading up to the insurrection, and to answer any questions related to any possible illegal acts Donald Trump may have committed, according to ABC News’ senior investigative reporter Katherine Faulders and CNN’s Abby Phillip.

Judge James Boasberg, the chief judge for the U.S. District Court for the District of Columbia, “outright rejected Trump’s executive privilege challenge, but ruled more narrowly on Pence speech and debate challenge,” Faulders adds.

The judge, apparently citing Pence’s “speech and debate clause” claim, said “that Pence can still decline to answer questions related to his actions on January 6 itself, when he was serving as president of the Senate for the certification of the 2020 presidential election,” CNN reports.

READ MORE: ‘We’re Not Gonna Fix It’: TN Republican Says Congress Can Do Nothing to Stop Gun Violence – Calls for Christian ‘Revival’

NBC News reports Judge Boasberg “did, however, grant Pence a partial victory as to his argument that he was shielded from having to testify about Jan. 6 because of his constitutional role as part of the legislative branch.”

In what some legal experts dismissed as a faulty argument, “Pence’s legal team had argued that the Constitution’s ‘speech and debate’ clause should prevent special counsel Jack Smith’s prosecutors from eliciting any testimony about communications or activity related to Pence’s role as president of the Senate in presiding over the certification of the election results.”

Overall CNN calls it “another win for special counsel Jack Smith, who is investigating the Trump-aligned effort to subvert the 2020 election. Smith subpoenaed Pence for testimony and documents earlier this year.”

Pence can still appeal.

Watch MSNBC’s report below or at this link.

This is a breaking news and developing story.

This article has been updated to add video.

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‘We’re Not Gonna Fix It’: TN Republican Says Congress Can Do Nothing to Stop Gun Violence – Calls for Christian ‘Revival’

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March 28, 2023

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U.S. Rep. Tim Burchett (R-TN) says there’s nothing the 535 elected officials in the House and Senate can do to reduce gun violence and gun deaths.

“We’re not gonna fix it,” Congressman Burchett said on the steps of the Capitol.

“I don’t see any role that we could do other than mess things up, honestly,” he said in response to Monday’s school mass shooting in Nashville, where three nine-year olds and three adults were shot to death by a shooter with two AR-15 style assault rifles and a handgun.

READ MORE: Tennessee Governor Slammed After ‘Praying’ for Nashville School Community Without Mentioning Mass Shooting

Instead of Congress enacting stricter gun laws, background checks, and a ban on assault weapons, Congressman Burchett said, “you’ve got to change people’s hearts,” as he called for a Christian revival.

“As a Christian, we talk about the church. I’ve said this many times, I think we really need a revival in this country.”

Monday’s shooting at the Covenant Presbyterian Elementary School was the 130th mass shooting this year in America, bringing the death toll from all gun violence across all causes to 9989, including 403 children 17 or younger, according to the Gun Violence Archive.

Congressman Burchett is a member of the far-right Republican Study Committee, which has strong ties to the National Rifle Association (NRA).

READ MORE: ‘Our Children Deserve Better’: First Lady Jill Biden Speaks Out After Six Die in Nashville School Mass Shooting

On Monday, Burchett released a statement saying, “Kelly and I are praying for everyone at The Covenant School, especially the families of the shooting victims. No one should have to go through that kind of horrific event or lose a loved one like that. I’m so thankful to those brave folks who brought down the shooter and took care of the students and their families.”

Earlier this month Rep. Burchett was one of 26 House Republicans on the Oversight Committee who refused to sign a simple two-sentence statement denouncing white supremacy.

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Trump Trying to ‘Pollute the Jury Pool’ With ‘Gibberish and Obstruction’: Analysis

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5 hours ago

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March 28, 2023

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Donald Trump has been hurling ominous warnings and racist insults against Manhattan District Attorney Alvin Bragg ahead of a possible indictment, and legal experts fear those threats could provoke violence in the same way his rhetoric fueled the Jan. 6 insurrection.

The former president has attacked state and federal prosecutors “thugs,” claimed two Black district attorneys are “racist” and used anti-Semitic tropes to suggests he’s the victim of a “globalist” conspiracy and cast doubt on the legitimacy of the prosecutors who are investigating him, reported The Guardian.

“Trump cannot stop the judicial process, although he can try to slow it,” said Stephen Gillers, a New York University law professor. “But he can undermine its credibility through his charges and by mobilizing his supporters. I see what he’s doing now as aimed at them, just as he tried to discredit the election returns in their eyes and anger them with baseless charges over the ‘steal.'”

Trump’s legal defenses have recently weakened after federal courts required some of his top aides, including former White House chief of staff Mark Meadows, to testify in the Jan. 6 grand jury investigation, and compelled the testimony of his current lawyer Evan Corcoran in the classified documents case, and prosecutions in Manhattan and Georgia also appear to be nearing conclusion.

READ MORE: David Pecker is a ‘critical witness’ who could get Trump charged with a ‘second crime’: former prosecutor

“If I were on the prosecution teams in Manhattan or Georgia, I would expect Trump to assert every defense he can think of, including accusing the prosecutors of misconduct,” said Barbara McQuade, a former U.S. attorney for the eastern district of Michigan.

“None of these accusations about the motives of prosecutors, however, will negate the evidence of Trump’s own crimes,” McQuade added. “A jury will focus on the facts and the law, and not any of this name calling. The Trump strategy may work in the court of public opinion, but not in a court of law.”

Trump’s lawyers are using his trusted stalling tactic by raising “specious” objections in Georgia, according to former Watergate prosecutor Phlip Lacovara, and Trump is “trying to pollute the jury pool” with attacks on Manhattan DA Alvin Bragg.

“All he needs is one juror who believes this is all a concocted plot,” Lacovara said.

Trump used many of the same tactics in his attempt to overturn his 2020 election loss, which ultimately led to the deadly U.S. Capitol attack.

“This is more of what we saw during the election,” said Donald Ayer, who served as deputy attorney general in the George H. W. Bush administration. “He throws up gibberish and obstruction.”

 

Image: Hunter Crenian/Shutterstock

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